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Bhikulal Kedarmal Goenka (D) By L.Rs vs State Of Maharashtra And Anr on 28 July, 2016

24. If the facts and circumstances of the present case are seen, in the light of the decision of Hon'ble Supreme Court, in Bhikulal Kedarmal Goenka versus State of Maharashtra & anr, reported in 2016 (14) SCC 279, the development charges cannot be deducted, from the amount, which has been assessed, as market value of the acquired land, prevailing at the time of issuance of notification, under Section 4 of the Act, as no development is required to be made for implementation of public purpose, for which the land is acquired. Relevant paragraph of the judgment is reproduced as under:
Supreme Court of India Cites 3 - Cited by 80 - Full Document

Mir Fazeelath Hussain And Ors vs Special Deputy Collector, Land ... on 15 May, 1992

"4. It was the vehement contention of the learned counsel for the appellants, that there was no justification whatsoever, for recording any deduction, specially when there was no question of any internal or external development, and as such, expenses of such developments ::: Downloaded on - 25/04/2024 21:42:09 :::CIS 10 should not have been taken into consideration so as to grant a deduction of 1/3rd of the amount. In order to substantiate his above contention, learned counsel for the appellants has referred to the decision in Sabhia Mohammed Yusuf Abdul Hamid Mulla (Dead) by Lrs. and others vs. Special Land .
Supreme Court of India Cites 9 - Cited by 25 - N M Kasliwal - Full Document

The Land Acquisition Officer, ... vs Nookala Rajamallu And Ors. on 21 November, 2003

PW-2/A, the market value of four biswas of land was Rs. 1,47,500/-, however, it would not be proper to place reliance thereon. Now, coming to the question that the sale instance Ext. PW- 1/A pertains to sale of small chunk, it would not be improper to conclude that even the acquired land of various right ::: Downloaded on - 25/04/2024 21:42:09 :::CIS 12 holders also was not in big chunks, however, area thereof is also very small. The Apex Court in (2003) 12 Supreme Court Cases 334 titled 'Land Acquisition Officer, Kammarapally, Village Nizamabad District, A.P versus Nookala Rajamallu and others' has held that the rates of small plots can only be .
Supreme Court of India Cites 12 - Cited by 316 - A Pasayat - Full Document
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